Judge denies Trump administration effort to delay Abrego Garcia case, sets new discovery schedule

Dan Belson, The Baltimore Sun on Apr 30, 2025

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BALTIMORE — A judge issued a new two-week calendar Wednesday for the Justice Department to exchange information with lawyers for Kilmar Abrego Garcia about what they’ve done to facilitate the return of the mistakenly deported Maryland man.

The order follows a brief pause in proceedings ordered by U.S. District Judge Paula Xinis after the Trump administration requested a stay for reasons that were not identified publicly.

Xinis had originally ordered a tight discovery timeline after finding the Trump administration had violated her order to facilitate Abrego Garcia’s return to Maryland. While the judge’s stay indicated a potential change of tone in the case, the Trump administration has remained defiant outside of court, calling Abrego Garcia a gang member who would “never” return to the U.S.

Abrego Garcia, a Prince George’s County resident, was deported to a Salvadoran mega-prison in March despite an immigration judge’s ruling that he could not be expelled to El Salvador. He was given a federal permit to work in the United States, where he was a union metalworker. He is married to a U.S. citizen and has three children with disabilities, according to court records. He was transferred in April from El Salvador’s Terrorism Confinement Center to another prison, in Santa Ana, officials said.

In court, the Trump administration has argued that it cannot be ordered to compel El Salvador to release Abrego Garcia from detention in that country. And on social media and official statements, the administration has insisted that Abrego Garcia is a member of the MS-13 gang, and President Donald Trump himself has said that he “could” bring him back but wouldn’t.

Xinis’ latest order, which required “expedited discovery” to be concluded by May 12, came after another request by the government for a stay. That request was also filed under seal.

Xinis required the Trump administration to reveal by Monday any claims of “state secrets” or other types of privilege they will invoke in their exchange of information. The government had invoked those claims earlier this month, though Xinis said that their refusal to provide information reflected a “willful and bad faith refusal to comply with discovery obligations.”

She also ordered the deposition of four specific Trump administration officials by the end of next week, and allowed Abrego Garcia’s lawyers to request two more.

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